Terms of Use

NEW ENGLAND SOLAR CONCEPTS SYSTEMS TERMS OF USE

Your access to and use of the New England Solar Concepts, LLC, web site or any mobile applications made available by New England Solar Concepts (the “Site”), is subject to these terms and conditions of use (the “Terms of Use”) and all applicable laws. The Site is operated by New England Solar Concepts LLC (“NESC”, “Solar Concepts”, “us”, “we” and “our”) from its offices within the United States. NESC makes no representation that content, materials or information made available on or accessed through the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. NESC may change, revoke or modify any of the rights stated in these Terms of Use, in whole or in part, at any time by posting such changes on the Site without prior notice or liability to users (“user”, “you” or “your”). By accessing, browsing and/or using the Site, including all content, materials and information made available on or accessed through the Site, you accept and agree to be bound by these Terms of Use, and to comply with all applicable laws. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or otherwise use the Site.

Intellectual Property Rights

The Site and its contents, including but not limited to, its features and functionality, all products, information, text, displays, graphics, images, photographs, illustrations, video, audio, code, data, and software as well as the design, selection and arrangement thereof, trademarks, service marks, logos, taglines, slogans, trade names and other material, appearing on, made available on or accessed through the Site (collectively, the “Materials”), are the property of NESC, its licensors or other rights holders of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may not, without NESC’s express written permission: (i) incorporate any of the Materials into your web site (e.g., by in-lining or framing); (ii) use any of NESC’s, trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying NESC or the Site in any “metatag”. NESC will not tolerate links from any third party web site that may adversely affect the name, reputation and/or goodwill of NESC and/or its products or services.

Copyright Information and Use Limitation

This Site and the Materials are only for your personal non-commercial informational purposes. Except as expressly allowed herein, you may not copy, reproduce, modify, distribute, adapt, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit (including broadcast), link to or use, copy, post, download or save, sell or otherwise exploit the Site or any of the Materials in any form or by any means for any public or commercial purpose.

Subject to your compliance with these Terms of Use, NESC authorizes you to view and download a single copy of the Materials on this Site solely for your own lawful, personal, non-commercial use, provided that you (i) retain all copyright and other proprietary notices contained in the original Materials and on any copy you make of the Materials, and (ii) only use images with surrounding text relating to the images. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material made available on or accessed through the Site. No further publication or commercial use may be made of the Materials on this Site without the express written permission of NESC.

Trademarks

The Solar Concepts name, the Solar Concepts logo and all related names, logos, product names, designs, slogans, service marks, logos, taglines, and trade names (collectively, the “Marks”) displayed on the Site or in the Materials are registered and unregistered Marks of NESC, its licensors or other rights holders and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their respective rights holders or that otherwise are likely to cause customer confusion, or in any manner that disparages or discredits their respective rights holders. All Marks not owned by NESC that appear on the Site or in the Materials are the property of their respective owners. Nothing contained on the Site or in the Materials should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Site or in the Materials. Your misuse, including any unauthorized use, of the Marks displayed on the Site or in the Materials is strictly prohibited.

Limited License

No right, title or interest in or to NESC, the Site or any Materials on the Site is transferred to you, and all rights not expressly granted are reserved by NESC. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Except for the limited permission in the preceding paragraph, NESC does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. You may not mirror the Site or any of the Materials on another web site or in any other media, platform or application.

Use Restrictions and Prohibited Conduct

Any commercial or promotional distribution, publishing or exploitation of the Site or any of the Materials is strictly prohibited without the express prior written permission from authorized personnel of NESC, NESC’s licensors or the otherwise applicable rights holders. You agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Materials, including, without limitation, the alteration or removal of any trademarks, copyright notices, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.

You may not use the Site in order to transmit, distribute, store or destroy Materials (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful.

You may not make any part of this Site available as part of another web site whether by hyperlink framing on the internet or otherwise. This Site and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of this Site or its content.

Security

You are prohibited from violating or attempting to violate the security of the Site and from using the Site to violate the security of other web sites by any method, including, without limitation: (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (iii) attempting to interfere with service to any user of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any NESC packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting; (vi) using or attempting to use any “spider”, “robot”, “bot”, “scraper”, “data minder” or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof) or Materials; (vii) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; (viii) bypassing or circumventing or attempting to bypass or circumvent security measures that may be provided on the Site; or (ix) use the Site or any of the Materials in violation of any applicable laws;

Violations of system or network security may result in civil or criminal liability. NESC may investigate violations of these Terms of Use and may involve and cooperate with appropriate law enforcement authorities in prosecuting users of the Site who are involved in such violations.

NESC specifically prohibits any use of the Site, and you agree not to use the Site, for any of the following:

  • Distributing or otherwise publishing, without NESC’s approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
  • Soliciting other users of the Site to join or become members of any commercial online service; or
  • Deleting or revising any material posted by any other person or entity.

Other Terms and Notices May Apply

The information about Solar Concepts and our products or services provided on this Site is for general informational, educational and guidance purposes. Additional terms and conditions will apply to business transactions conducted or any promotions run by NESC through this Site. Additional terms will govern any products or services offered through this Site. Nothing contained in these Terms of Use is intended to modify or amend any agreement currently in effect between you and NESC.

Although these Terms of Use are intended to apply generally to all content located on the Site, this Site may contain other proprietary notices and conditions of use, the terms of which must also be observed and followed as they apply to the particular portions of this Site for which they are intended.

Product Availability

The Site and/or Materials may describe or refer to products and services which are not available in your market or which have not been approved by the applicable regulatory agencies in your country. Accordingly, please contact Solar Concepts to determine which products and services may be available to you.

Registration and User Representations

Registration and/or login are required, among other things, to access certain portions of the Site, to make purchases through our store online and to download certain information or Materials from the Site.

You may also opt to become a registered customer (“Registered Customer”) for purposes of facilitating your transaction by providing certain information (including certain personal information) that may be required to process your transaction. Once a Registered Customer, when completing an online purchase, the fields on the online form pertaining to your contact information or other personal information requested may be automatically populated using the information from your existing account to the extent available.

Individuals under the age of 18 are not permitted to register on the Site or use any functionality for which registration is required. By registering, you represent and warrant to Solar Concepts that: (i) you are 18 years of age or older and the age of majority in your state of residence as of the time you register as a Registered Customer; (ii) all information provided by you to Solar Concepts during the registration process is truthful, accurate and complete; (iii) you will comply with all terms and conditions of these Terms of Use; and (iv) you will not use the Site, any of the Materials or any other content, or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.

As a Registered Customer, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete. NESC may terminate your access to the Site (or portions thereof) if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Use and/or the law, without prior notice or liability.

As part of the registration process, you are required to select and use a password. As a Registered Customer, you acknowledge that you are solely responsible for all activities that occur under your password or account while using the Site. You are responsible for maintaining the security and confidentiality of your password and monitoring and controlling access to your account. You agree to notify NESC immediately of any unauthorized use of any account or password, or any other known or suspected breach of security.

If you are a Registered Customer, you may deactivate your account at any time by contacting us through our Contact Us page located at www.newenglandsolarconcepts.com. Once your account is deactivated, it will not be viewable on the Site. As with any web site, even if a user deactivates their account, some information previously posted or otherwise uploaded may still be accessible by third parties. NESC is not responsible for the continued accessibility of the information posted or uploaded by a Registered Customer prior to the deactivation of their account. You may re-activate your account by contacting us through our Contact Us page.

Privacy Policy

Any information that you provide to NESC is subject to our Privacy Policy, which is located at www.newenglandsolarconcepts.com/privacy-policy.html and incorporated herein by reference. The NESC Privacy Policy governs our collection and use of your information. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United State and/or other countries for storage, processing and use by NESC.

Children

It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. By accessing the Site you affirm that you are at least 13 years old as the Site are not intended for children under 13 years old. If you do not comply with this age restriction, please do not use the NESC Site.

Communications with Solar Concepts

Please see our Privacy Policy for general information.

All communications you send to NESC and any information that NESC receives through this Site (including, without limitation, by electronic mail or by other means), other than your personally identifiable information covered by the Privacy Policy , will be deemed to be NON-CONFIDENTIAL and shall be the exclusive property of NESC.

BY TRANSMITTING TO NESC INFORMATION VIA THIS SITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH NESC RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT NESC MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU.

Links to Third Party Web Sites

The Solar Concepts Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by NESC of the content, materials or information available on such third party web sites. NESC is not responsible for the content, materials or information available on linked third party web sites and does not make any warranty or representation regarding such.

Links to third party web sites does not imply that NESC approves of, endorses, is affiliated or associated with, the content, products, services, advertising or other materials offered or presented on any linked third party web sites. If you decide to access linked third party web sites, you do so at your own risk. You acknowledge and agree that NESC is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked third party web sites.

Without limiting the foregoing, if you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through this Site, you acknowledge and agree that NESC is not a party to, and will not be responsible for, your interaction with such distributor, including its treatment of your information and the terms and conditions applicable to any transaction between you and the distributor or merchant.

Disclaimers

THE INFORMATION CONTAINED ON THIS SITE IS PROVIDED TO YOU “AS IS,” FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL NESC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS SITE OR RELIANCE UPON ANY INFORMATION OR MATERIALS ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEB SITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF NESC IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The Site and/or the Materials could contain technical inaccuracies or typographical errors, and information will be changed, updated and deleted without notice. NESC will not be responsible for any loss, however arising, from use of, or reliance on any such content, Materials or information. Solar Concepts may make improvements and/or changes in the products and/or the services described in the Materials at any time.

Solar Concepts makes no warranties that this Site will operate uninterrupted or error free or that defects will be corrected. NESC does not warrant that this Site is compatible with your computer equipment or that this Site or its server is free from defects, errors or viruses, worms or “Trojan horses” or other harmful components, and Solar Concepts is not liable for any damage you may suffer as a result of such destructive features. It is your responsibility to ascertain whether the Materials downloaded from the Site are free of viruses, worms or other harmful components. You assume full responsibility and all risks arising from use of the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue use of the Site.

Limitation of Liability

IN NO EVENT SHALL NESC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO, THE SITE, THE MATERIALS OR ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY USERS, OR ANY MATERIAL, STATEMENT OR INFORMATION FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOLAR CONCEPTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Solar Concepts, its directors, shareholders, officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or the Materials, your submissions, your breach of these Terms of Use and/or violation of any applicable laws.

Termination/Suspension

Solar Concepts reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Materials at any time in its entirety at any time and for any reason. Solar Concepts may, in its sole discretion, restrict, suspend or terminate your access to all or any part of the Site, at any time, for any reason or for no reason at all, without prior notice or any notice. Any suspected fraudulent, abusive or illegal activity may constitute grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Applicable Law

This Site and the Materials are created and controlled by NESC in the State of New Hampshire. As such, these Terms of Use and your use of the Site are governed by the laws of the State of New Hampshire, without regard to its conflict of law principles. You agree that a condition of using this Site that any cause of action arising out of your use of the Site or under these Terms of Use will be tried in the State of New Hampshire and New Hampshire law will apply. The appropriate state or federal court located in Merrimack County, New Hampshire will have exclusive jurisdiction and venue, and you consent and submit to the personal jurisdiction of such court over any claim, suit, or proceeding arising out of these Terms of Use.

Miscellaneous

If any provision contained these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and Solar Concepts with respect to the use of the Site. Any rights not expressly granted herein are reserved.

The Site is controlled and operated by Solar Concepts from the United States. NESC makes no representations that the Materials, or any other content displayed, distributed, made available or accessed through the Site, are appropriate or available for use in other locations or may be downloaded outside of the United States. Access to the Site and/or Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Contact Us

If you have any questions or comments regarding these Terms of Use, please contact us or you can contact us by writing to:

New England Solar Concepts LLC
Attention: NESC
6 Warner Road
Warner, New Hampshire 03278

Last updated: January 16, 2018